Procurement Guidelines

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Appendix 3 51 it should seek clarification from the borrower, in writing, within the time period specified in the bidding documents for seeking clarifications. 7. The criteria and methodology for selection of the successful bidder are outlined in the bidding documents, generally under Instructions to Bidders and Specifications. If these are not clear, clarification should be similarly sought from the borrower. 8. In this connection it should be emphasized that the specific bidding documents issued by the borrower govern each procurement, as stated in paragraph 1.1 of the Guidelines. If a bidder feels that any of the provisions in the documents are inconsistent with the Guidelines, it should also raise this with the borrower. 9. It is the responsibility of the bidder to raise any issue of ambiguity, contradiction, omission, etc., prior to the submission of its bid, to assure submission of a fully responsive and compliant bid, including all the supporting documents requested in the bidding documents. Noncompliance with critical (technical and commercial) requirements will result in rejection of the bid. If a bidder wishes to propose deviations to a noncritical requirement, or propose an alternative solution, the bidder should quote the price for the fully compliant bid and then separately indicate the adjustment in price that can be offered if the deviation is accepted. Alternative solutions should be offered only when authorized in the bidding documents. Once bids are received and publicly opened, bidders will not be required or permitted to change the price or substance of a bid. Confidentiality 10. As stated in paragraph 2.47 of the Guidelines, the process of bid evaluation shall be confidential until the publication of contract award. This is essential to enable the borrower and ADB reviewers to avoid either the reality or perception of improper interference. If at this stage a bidder wishes to bring additional information to the notice of the borrower, ADB, or both, it should do so in writing.
52 Procurement Guidelines Action by ADB 11. Bidders are free to send copies of their communications on issues and questions with the borrower to ADB or to write to ADB directly, when borrowers do not respond promptly, or the communication is a complaint against the borrower. All such communications should be addressed to the project officer for the project, with a copy to the Principal Director, Central Operations Services Office. 12. References received by ADB from potential bidders, prior to the closing date for submission of the bids, will, if appropriate, be referred to the borrower with ADB’s comments and advice, for action or response. 13. Communication received from bidders after the opening of the bids, will be handled as follows. In the case of contracts not subject to prior review by ADB, the communication will be sent to the borrower for due consideration and appropriate action, if any, and these will be reviewed during subsequent supervision of the project by ADB staff. In the cases of contracts subject to the prior review process, the communication will be examined by ADB, in consultation with the borrower. If additional data is required to complete this process, these will be obtained from the borrower. If additional information or clarification is required from the bidder, ADB will ask the borrower to obtain it and comment or incorporate it, as appropriate, in the evaluation report. ADB’s review will not be completed until the communication is fully examined and considered. 14. (a) Except for acknowledgment, ADB will not normally enter into discussion or correspondence with any bidder during the evaluation and review process of the procurement, until award of the contract is published. (b) Notwithstanding paragraph 14(a) above, ADB may enter into discussion where it deems necessary to conduct investigations, audit, evaluation or other assessments of the procurement process.
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Procurement Guidelines April 2010
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© 2010 Asian Development Bank All
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iv Procurement Guidelines 2.29 Curr
Page 8 and 9: I. Introduction Purpose 1.1 The pur
Page 10 and 11: Introduction 3 1.4 Where ICB is not
Page 12 and 13: Introduction 5 Advance Contracting
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Page 16 and 17: Introduction 9 conflicts of interes
Page 18 and 19: International Competitive Bidding 1
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Page 44 and 45: Other Methods of Procurement 37 Pro
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Page 52 and 53: Appendix 1 45 Post Review 5. If ADB
Page 54 and 55: Appendix 2 47 CIP (place of destina
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Page 60: Appendix 3 53 Debriefing 15. As sta
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